Data protection information with penalty fares and penalizing breaches of the conditions of carriage

What data do we collect and how and why do we process your data? Ticket checks, penalty fares

We process the following personal data to process a penalty fare, to check for repeat offenders and - in certain cases - to file criminal charges:

  • Form of address
  • First name
  • Name
  • Date of birth
  • Street, house number
  • Post code, place of residence
  • Penalty fare document data
  • Payment made.

Even if you have already paid the penalty fare when the ticket was checked, the aforementioned data is recorded and stored.

The legal basis for this data processing is point (b and f) of Article 6(1) of the GDPR.

Breach of conditions of carriage, ban on entering S-Bahn Berlin premises, travel exclusion

To penalize breaches of the conditions of carriage (vandalism, damage, dangerous intrusion in the rail operations) and when issuing an ban on entering S-Bahn Berlin premises or a travel ban, we record and process the following personal data:

  • Form of address
  • First name
  • Name
  • Date of birth
  • Street, house number
  • Post code, place of residence
  • Data in supporting document detailing the penalization of breaches of the conditions of carriage
  • Progression of events or reasons for the penalization or issuance of a ban on entering S-Bahn Berlin premises/travel ban
  • Payment made

The legal basis for this data processing is point (b and f) of Article 6(1) of the GDPR.

If you immediately pay the outstanding claim when breaching the conditions of carriage, none of your personal data is recorded or processed.

How long do you store my data?

In the event of a penalty fare, your personal data is deleted after a period of one year provided no repeat occurrence was detected. The period is extended by another year from confirmation if within the period of a year a repeat occurrence is found. Personal data is not stored for longer than three years. 
In event of a subsequent presentation of a personal time-limited ticket/ticket valid at the time of the check, the recorded data is deleted after 30 days. We reserve the right to take legal action against individuals with outstanding penalty fares, who were repeatedly found travelling without a valid ticket.

As part of issuing travel bans or bans on entering S-Bahn Berlin premises, we store your data only for as long as is necessary to fulfil the purpose for which the data was collected or to comply with legal requirements. 

Is data forwarded?

Your personal data stored as part of checking tickets and in the penalty fare self-service portal is transferred to a service provider to process transactions and payments. You will be notified with the information sheet during the ticket check about the assignment of the claim and the associated transfer of your personal data.

The external service providers that we hire to process data are carefully selected and subject to strict contractual obligations. The service providers follow our instructions, and this is guaranteed by strict contractual regulations, technical and organisational measures, as well as supplementary checks and controls. Service providers will need to be incorporated, for instance as part of managing and maintaining IT systems.

Your data will be transmitted in accordance with legal regulations or if you have given us your unambiguously consent.

Data will not be transferred to third countries outside the EU/EEA or to an international organisation unless appropriate guarantees have been provided. These include the EU standard contractual clauses and an adequacy decision from the EU Commission.

Please note: The company used to process payments and, where applicable, recover debts is responsible under data protection law for processing your data as per Article 4(7) of the GDPR. You will have received the company's address with the information sheet. The company's data protection information is available here.

What rights do you have?

You can request information as to what personal data is stored. You can request that we correct, delete or restrict the processing of (block) your personal data, provided these actions are permitted by law and in compliance with existing contractual conditions. You have the right to file complaints with a supervisory authority. The supervisory authority responsible for S-Bahn Berlin GmbH is:

Berliner Beauftragte für Datenschutz 
und Informationsfreiheit 
Friedrichstr. 219 
10969 Berlin, Germany
E-mail: mailbox(at)datenschutz-berlin.de

You have the right to the portability of data that you have provided to us on the basis of consent or a contract (data portability). If you have given us your consent to process your data, you can withdraw this consent at any time, using the same methods that you used to give your consent. Any processing of your personal data that took place from the time at which you granted your consent to the time at which you withdrew it shall still be considered to have been lawful.

You may object to data processing for reasons associated with your particular situation if the data processing is performed on the basis of our legitimate interests. 

To exercise your rights, simply contact us at the following address:

S-Bahn Berlin GmbH
Kundenbetreuung
Elisabeth-Schwarzhaupt-Platz 1
10115 Berlin, Germany

or via e-mail to: kundenbetreuung(at)s-bahn-berlin.de 
or: ebe-sbahn(at)deutschebahn.com

Updating data privacy notices

We amend the data privacy notice to reflect changes to functionalities or changes to the legal situation. We therefore recommend that you review the data privacy notice at regular intervals.
 

Last revised June 2018